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<br />'- <br /> <br /> <br />Form 1038 <br /> <br />. ,,1 <br /> <br />~i~I~'/ <br />'STATE OF TEXAS <br />COUNTY OF TRAVIS <br /> <br />MUNICIPAL MAINTENANCE AGREEMENT <br />(For Maintenance Only) <br /> <br />() <br />() <br /> <br />THIS AGREEMENT made this .,;? 3d___day of Nonllber <br /> <br />, 19 ~ by and be- <br /> <br />tween the State of Texas, hereinafter referred to as the "State," party of the <br /> <br />first part, and the City of <br /> <br />San MaroOI <br /> <br />~I <br /> <br />County, Texas, (population <br /> <br />9980 <br /> <br />, 1950 Federal Census) acting by <br /> <br />and through its duly authorized officers, hereinafter called the "City," party <br /> <br />of the second part. <br /> <br />WIT N E SSE T H <br /> <br />WHEREAS, the City has requested the State to assume maintenance on State <br />Highway routes within such city; and <br /> <br />, <br /> <br />WHEREAS, the Legislature of the State of Texas did enact Senate Bill No. 415, <br />46th Legislature, effective May 15, 1939, authorizing and empowering the State <br />Highway Commission in its discretion to enter into contracts or agreements with the <br />governing bodies of incorporated cities, towns, and villages relative to the location, <br />relocation, construction, reconstruction, and maintenance, control, supervision, <br />and regulation of State Highways within or through the corporate limits of such <br />municipalities; and <br /> <br />WHEREAS, the general policy of the State Highway Commission provides that <br />the State Highway Department may assist in maintenance, control, supervision, and <br />regulation of any or all State Highway routes through municipalities with a population <br />of 15,000 or less, and any or all State Highway routes except the congested or <br />downtown sections of those municipalities with a population in excess of 15,000 as <br />shown by the last available Federal Census, conditioned that the City will enter into <br />agreements with the State for the purpose of determining the liabilities and respons- <br />ibilities of the parties with reference thereto; and <br /> <br />WHEREAS, the State Highway Engineer, acting for in behalf of the State <br />Highway Commission, has made it known to the City that the State will assist the <br />City in the maintenance, control, supervision, and regulation of certain State Highway <br />routes within such city, conditioned that the City will enter into agreements with the <br />State for the purpose of determining the liabilities and responsibilities of the <br />parties thereto; and <br /> <br />I <br /> <br />WHEREAS, all such agreements made with cities, towns, and villages are for the <br />purpose of maintenance, control, supervision and regulation of State Highway routes, <br />and shall in no way be considered to cover any present or past obligations either <br />real or anticipated concerning such highway routes through municipalities; <br /> <br />1 <br />